Renting Rights, Bond and Tenancy Agreements for Students in Australia and New Zealand

Your tenancy agreement (lease)

A residential tenancy agreement, or lease, is a legally binding contract between you (the tenant) and the landlord or agent. It should be in writing and set out the rent, the length of the tenancy (fixed-term or periodic), what is included, and each side's responsibilities. Read it fully before signing and keep a copy.

In Australia, residential tenancies are governed state by state (for example under the Residential Tenancies Act in each state or territory), and standard agreement templates are published by the state consumer or fair-trading authority. In New Zealand, the Residential Tenancies Act applies nationally and Tenancy Services publishes a standard tenancy agreement template.

Do not sign an agreement you do not understand, and never pay money before you have seen the property and a written agreement. If anything in the lease seems unfair or unclear, ask your university's student support or an official tenancy service before committing.

Bond: what it is and how it is protected

A bond (rental deposit) is money you pay at the start of a tenancy that is held as security against unpaid rent or damage beyond fair wear and tear. Crucially, in both countries the bond is not kept by the landlord — it is lodged with an official government body that holds it for the duration of the tenancy.

In Australia, the amount and lodgement rules are set by each state. For example, in New South Wales the bond is generally capped at four weeks' rent (for lower-rent properties) and must be lodged with the Rental Bond Board, with NSW Fair Trading operating Rental Bonds Online; landlords must lodge the bond within a set number of business days. In New Zealand, the landlord must lodge the bond with Tenancy Services (managed online through Bond Hub) within the required number of working days, and the maximum bond is generally capped in weeks of rent.

Always get a receipt for any bond you pay, and check that you receive confirmation from the official bond body that your bond has been lodged. If it is not lodged, that is a breach you can act on.

• Bond is held by an official body, not the landlord
• Australia (varies by state): e.g. NSW Rental Bond Board / Rental Bonds Online
• New Zealand: Tenancy Services (Bond Hub)
• Keep receipts and lodgement confirmation; the bond is refundable if nothing is owed

The condition report — protect your bond from day one

A condition report (also called a property inspection report) records the state of the property at the start of the tenancy. It is the single most important document for getting your full bond back, because it is compared against the property's condition when you leave.

At move-in, complete the condition report carefully, noting every existing mark, stain, damage or fault, and take clear dated photos or video. Keep your copy safe for the whole tenancy. In New Zealand, Tenancy Services recommends the tenant and landlord inspect the property together and both sign the report; Australian states have equivalent processes with set timeframes to return your copy.

Do not skip this step or rush it. If you do not record existing damage, you may be charged for it when you move out. Photos with timestamps are strong evidence if there is ever a dispute.

Rent, repairs and your ongoing rights

During a tenancy you have the right to quiet enjoyment of the property and to have it kept in a reasonable state of repair. Landlords must generally give proper written notice before entering, follow rules on how and when rent can be increased, and arrange repairs, with urgent repairs handled quickly. The exact notice periods and rules are set by the relevant Act in your state (Australia) or nationally (New Zealand).

New Zealand has minimum standards for rental properties under the Healthy Homes Standards (covering heating, insulation, ventilation, moisture and draughts), and Australian states have their own minimum standards. You are entitled to a property that meets these requirements.

Pay your rent on time and in the agreed way, keep records of all payments and communication, and report maintenance issues in writing. Good records protect you if a disagreement arises later.

Ending a tenancy and giving notice

To end a tenancy, both tenants and landlords must give written notice for the correct minimum period, which depends on whether the agreement is fixed-term or periodic and the reason for ending it. For example, in NSW a tenant on a periodic agreement generally gives at least 21 days' notice, while breaking a fixed-term lease early can involve a set break fee. New Zealand and each Australian state publish their own notice periods.

At the end, complete a final condition report, return the keys, and lodge your bond-refund claim through the official bond body. If there is no money owed, you should receive your bond back; if the landlord claims part of it, you will be notified and can dispute the claim.

Because notice periods and break rules vary and change, always confirm the current requirement with the tenancy authority for your location before giving notice. Giving the wrong notice can cost you money.

Resolving disputes

If you cannot resolve a problem — for example over a bond deduction, repairs or ending the tenancy — there is a free or low-cost official body to decide it. In New Zealand, that is the Tenancy Tribunal, accessed through Tenancy Services, which hears disputes for a small application fee. In Australia, each state has a tribunal (for example the NSW Civil and Administrative Tribunal, NCAT) that handles residential tenancy disputes.

Before going to a tribunal, try to resolve the issue in writing with the landlord or agent, and keep copies of everything. Many states and New Zealand also offer information and dispute-resolution services through the tenancy authority itself.

Free advice is available: in Australia, tenants' unions and advice services in each state; in New Zealand, Tenancy Services and Community Law centres. Your university's student support or accommodation office can also point you to the right service. This is general information, not legal advice.